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374 PDFTitle:Road Traffic OrdinanceGazette Number:E.R. 2 of 2012
Section:39AHeading:Driving, attempting to drive or being in charge of a motor vehicle with alcohol concentration above prescribed limitVersion Date:02/08/2012

(1) A person who drives or attempts to drive a motor vehicle, or is in charge of a motor vehicle, on any road with the proportion of alcohol in his breath, blood or urine exceeding the prescribed limit, commits an offence and is liable-

    (a) on conviction on indictment to a fine at level 4 and to imprisonment for 3 years; and
    (b) on summary conviction on a first offence to a fine at level 3 and to imprisonment for 6 months and on a second or subsequent conviction or on a conviction subsequent to a conviction under section 39, 39B or 39C to a fine at level 4 and to imprisonment for 12 months.
(1A) The proportion of alcohol in a person・s breath, blood or urine is-
    (a) tier 1 if it exceeds the prescribed limit but is less than-
        (i) for breath, 35 micrograms of alcohol in 100 millilitres of breath;
        (ii) for blood, 80 milligrams of alcohol in 100 millilitres of blood; or
        (iii) for urine, 107 milligrams of alcohol in 100 millilitres of urine;
    (b) tier 2 if it exceeds tier 1 but is less than-
        (i) for breath, 66 micrograms of alcohol in 100 millilitres of breath;
        (ii) for blood, 150 milligrams of alcohol in 100 millilitres of blood; or
        (iii) for urine, 201 milligrams of alcohol in 100 millilitres of urine;
    (c) tier 3 if it exceeds tier 2. (Added 19 of 2010 s. 10)
(2) If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate shall order that the person be disqualified in accordance with subsection (2A) or (2B) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 8)
(2A) Subject to subsection (2B), the period for which the person is to be disqualified is-
    (a) for a first conviction, a period of not less than-
        (i) 6 months if the proportion of alcohol in the person・s breath, blood or urine is tier 1;
        (ii) 12 months if the proportion of alcohol in the person・s breath, blood or urine is tier 2;
        (iii) 2 years if the proportion of alcohol in the person・s breath, blood or urine is tier 3; and
    (b) for a second or subsequent conviction (regardless of the proportion of alcohol in the person・s breath, blood or urine on any previous conviction), or a conviction subsequent to a conviction under section 39, 39B or 39C, a period of not less than-
        (i) 2 years if the proportion of alcohol in the person・s breath, blood or urine is tier 1;
        (ii) 3 years if the proportion of alcohol in the person・s breath, blood or urine is tier 2;
        (iii) 5 years if the proportion of alcohol in the person・s breath, blood or urine is tier 3. (Replaced 19 of 2010 s. 10)
(2B) If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified-
    (a) in the case of a first conviction, for a period of not less than that specified in subsection (2A)(a) according to the proportion of alcohol in the person・s breath, blood or urine, or until the person has attended and completed the course at his own cost, whichever is the later; and
    (b) in the case of a second or subsequent conviction, or a conviction subsequent to a conviction under section 39, 39B or 39C, for a period of not less than that specified in subsection (2A)(b) according to the proportion of alcohol in the person・s breath, blood or urine, or until the person has attended and completed the course at his own cost, whichever is the later. (Added 23 of 2008 s. 8. Amended 19 of 2010 s. 10)
(2C) For the purposes of subsection (2), a person to whom subsection (2B) applies is disqualified for a shorter period if he is disqualified-
    (a) in the case of a first conviction, for a period of less than that specified in subsection (2A)(a) according to the proportion of alcohol in the person・s breath, blood or urine, or until the person has attended and completed the driving improvement course at his own cost, whichever is the later; and
    (b) in the case of a second or subsequent conviction, or a conviction subsequent to a conviction under section 39, 39B or 39C, for a period of less than that specified in subsection (2A)(b) according to the proportion of alcohol in the person・s breath, blood or urine, or until the person has attended and completed the driving improvement course at his own cost, whichever is the later. (Added 23 of 2008 s. 8. Amended 19 of 2010 s. 10)
(3) The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have elapsed since the person's last conviction under subsection (1) or section 39, 39B or 39C. (Replaced 23 of 2008 s. 8)
(4) A person is deemed not to have been in charge of a motor vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving the motor vehicle while the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(5) The court or magistrate may, in determining whether there was such a likelihood as is mentioned in subsection (4), disregard any injury to him and any damage to the vehicle.
(6) On the trial of a person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 37 or 38. (Added 24 of 2011 s. 10)
(Added 39 of 1995 s. 7)